HF 3847

as introduced - 91st Legislature (2019 - 2020) Posted on 03/11/2020 03:01pm

A bill for an act
relating to environment; requiring fee on certain single-use plastic bags; authorizing
discretionary fees on other bags; providing civil penalties; proposing coding for
new law in Minnesota Statutes, chapter 115A.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [115A.933] SINGLE-USE PLASTIC CARRYOUT BAGS; FEE.
new text end

new text begin Subdivision 1. new text end

new text begin Definitions. new text end

new text begin (a) For purposes of this section, the terms in paragraphs (b)
to (i) have the meanings given.
new text end

new text begin (b) "Carryout bag" means a bag provided to a customer by a retail establishment at the
point of sale for transporting retail goods from the retail establishment.
new text end

new text begin (c) "Florist shop" means a retail establishment that sells flowers, wreaths, floral bouquets,
potted plants, hospital baskets, funeral designs, seeds, nursery seedling stock, trees, shrubs,
plants, sod, soil, bulbs, sand, rock, and all other floral or nursery products.
new text end

new text begin (d) "Hunger-relief organization" means an organization that is exempt from taxation
under section 501(c)(3) of the Internal Revenue Code and whose primary activity is meeting
the food needs of food-insecure individuals by offering free food at food banks, food shelves,
or food pantries; through community meal programs; or via direct delivery of food.
new text end

new text begin (e) "Recycled paper bag" means a paper carryout bag that:
new text end

new text begin (1) is provided to a customer by a retail establishment at the point of sale for transporting
retail goods from the retail establishment;
new text end

new text begin (2) contains a minimum of 40 percent postconsumer recycled materials; and
new text end

new text begin (3) has the name of the manufacturer and the minimum percentage of postconsumer
recycled materials that the bag contains printed on the bag.
new text end

new text begin (f) "Restaurant" has the meaning given in section 157.15, subdivision 12.
new text end

new text begin (g) "Reusable nonplastic carryout bag" means a carryout bag that is:
new text end

new text begin (1) not made of plastic; and
new text end

new text begin (2) capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125
uses.
new text end

new text begin (h) "Reusable plastic carryout bag" means a carryout bag that is:
new text end

new text begin (1) composed of plastic at least 2.25 mils thick, as measured according to the American
Society of Testing and Materials Standard D-6988; and
new text end

new text begin (2) capable of carrying 22 pounds over a distance of 175 feet for a minimum of 125
uses.
new text end

new text begin (i)(1) "Single-use plastic carryout bag" means a carryout bag that is:
new text end

new text begin (i) composed of plastic; and
new text end

new text begin (ii) not designed and manufactured for multiple reuse.
new text end

new text begin (2) Single-use plastic carryout bag does not include a carryout bag used to transport:
new text end

new text begin (i) loose bulk items, including but not limited to fruits, vegetables, and candy;
new text end

new text begin (ii) bakery goods;
new text end

new text begin (iii) prescription drugs;
new text end

new text begin (iv) dry cleaning;
new text end

new text begin (v) newspapers; or
new text end

new text begin (vi) motor vehicle tires.
new text end

new text begin Subd. 2. new text end

new text begin Fee required; exemptions. new text end

new text begin (a) After January 1, 2021, a retail establishment
must charge a fee of at least five cents for each single-use plastic carryout bag provided to
a customer.
new text end

new text begin (b) The fee required in paragraph (a) does not apply to a single-use plastic carryout bag
provided to a customer by:
new text end

new text begin (1) a restaurant;
new text end

new text begin (2) a florist shop; or
new text end

new text begin (3) a hunger-relief organization.
new text end

new text begin Subd. 3. new text end

new text begin Optional fees. new text end

new text begin A retail establishment subject to this section may charge a fee
for each reusable plastic carryout bag, reusable nonplastic carryout bag, or recycled paper
bag provided to a customer.
new text end

new text begin Subd. 4. new text end

new text begin Fee revenue. new text end

new text begin A retail establishment subject to this section may retain all fees
collected under this section. A retailer must endeavor to use at least 40 percent of the fees
collected under this section to supply customers with reusable plastic carryout bags or
recycled paper bags or to otherwise encourage customers to use reusable bags.
new text end

new text begin Subd. 5. new text end

new text begin Enforcement; civil penalty; injunctive relief. new text end

new text begin (a) A retail establishment subject
to this section must not be assessed a civil penalty for the initial violation of this section,
but is subject to a civil penalty of $1,000 for each subsequent violation, and the retail
establishment may be enjoined from those violations.
new text end

new text begin (b) The attorney general may bring an action in the name of the state in a court of
competent jurisdiction for recovery of civil penalties or for injunctive relief as provided in
this subdivision. The attorney general may accept an assurance of discontinuance of acts
in violation of subdivision 2 in the manner provided in section 8.31, subdivision 2b.
new text end

new text begin EFFECTIVE DATE. new text end

new text begin This section is effective the day following final enactment.
new text end